Assabur Hossain v. The State Of West Bengal

18.01.2021 Court No.28 rpan / 18 C.R.M. 236 of 2021 (Via Video Conference) In Re : Assabur Hossain

...Petitioner.

Mr. J. N. Chatterjee, Mr. Nazir Ahmed ....for the petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick ....for the State.

The present application for bail under section 439 of the Code of Criminal Procedure in connection with STF Case no.26 of 2019 under Sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 14(b) of the Foreigners Act, 1946 has been filed by the petitioner. Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Upon completion of investigation, charge-sheet has already been filed and as such, further detention of the petitioner, who is in custody for more than five hundred days, is not necessary. Mr. Sur, learned advocate appearing for the State opposes the petitioner's prayer and submits that the contraband substance above commercial quantity was seized from the petitioner and the others.

Having heard the learned advocates and considering the materials in the case diary and as recovery of contraband substance was made from the petitioner and the others, we are of the opinion that the petitioner has not been able to overcome the

rigours of the NDPS Act and in view thereof, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

The application for bail, being CRM 236 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)